Republic of the Philippines

Nueva Ecija University of Science and Technology

College of Business Administration

NAME:_________________________________ DATE: ________________

Yr & Section:____________________________ SCORE:________________

MIDTERM

Midterm examination for Evidence. It consists 15 identifications (2 points each), 10 True or False (1
point each ) 10 Multiple choice (1 point each) and 8 Essay and Enumerations (Six 5pts and Two 10
points) with a total of 100 items.

A. Identify what has been asked in the given statement. Two points(2pts) each. Write your answer in
the space provided before the number. Write legibly, unreadable answers will not given any credit.

__________________1. is the aggregate of all rules of human conduct growing out of the collective sense
of right or wrong in the community.

__________________2. is merely that which is habitually done in the community.

__________________3. a kind of law that refers to the fundamental precepts of life which are not
promulgated but rather discovered by divine inspiration or by use of reason.

__________________4. a kind of law system which GOD laid down to govern operations of the universe.
These rules are according to the will and command of GOD.

__________________5. it consists of rules, more particularly referred to as statutes, promulgated by a

competent authority known as the legislature and enforced by the state.

__________________6. law that provide manner of enforcing and protecting legal rights and claims.

__________________7. are those that deal with subjects of public nature or that which governs the
relations of the individual with the state or ruler or community as a whole.

__________________8. are those that govern transactions between two parties or that which regulate
the relations of the members of the community with one another.

__________________9.Deals with the relationship between persons.

__________________10. are those that deals with the peoples relationship with the goverment.

__________________11. The obligation consists of giving something.

__________________12.The obligation consists of doing or not doing something.

__________________13. a kind of obligation that only one part is bound in this obligation.

__________________14. kind of obligation that both parties are mutually or reciprocally bound in this
obligation.

__________________15. is the basic and paramount law to which all other laws must conform and to
which all persons including the highest officials of the land must defer.

B. TRUE OR FALSE. Write True or False on the space before the number. Write “True” if the statement is
CORRECT and “False” if the statement is WRONG.

___________1. The law on obligation and contracts is a substantive law, private and civil law, most, if not
all, of its provisions being mandatory in character.
___________2. General Rule: An act executed against mandatory or prohibitory law is void.
___________3. Supreme court decisions is more superior than the constitution.
___________4. A statute is merely a statement of the general framework of the law and the
goverment, while constitution provides details of the subject of which it treats.
___________5. A Statute must be firm and immovable like a mountain amidst the strife of storms or
a rock in the ocean amidst the raging waves.
___________6. The civil code took effect on November 28, 1989.
___________7. Statutes are examples of Divine Law.

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___________8. What is moral may not be legally demandable.
___________9. Society needs lawyers as a means of social control.
___________10. Obligation and contracts are part of Commercial Laws.

B. Multiple Choice. Choose the best answer below each number. Encircle the best answer. Avoid
erasures. Erasures will automatically considered wrong. One (1) points each.

1. Obligee is
A. Active Subject
B. Passive Subject
C. Object
D. Efficient Cause

2. Creditor
A. Active Subject
B. Passive Subject
C. Object
D. Efficient Cause

3. Vinculum Juris is
A. Active Subject
B. Passive Subject
C. Object
D. Efficient Cause

4. Rick Grimes obliged himself to wash the toyota fortuner of Beth Greene. The active subject is
A. Rick Grimes
B. Beth Greene
C. To wash the toyota fortuner
D. The agreement between Rick Grimes and Beth Greene

5. Rick Grimes obliged himself to wash the toyota fortuner of Beth Greene. The passive subject is
A. Rick Grimes
B. Beth Greene
C. To wash the toyota fortuner
D. The agreement between Rick Grimes and Beth Greene

6. Rick Grimes obliged himself to wash the toyota fortuner of Beth Greene. The prestation is
A. Rick Grimes
B. Beth Greene
C. To wash the toyota fortuner
D. The agreement between Rick Grimes and Beth Greene

7. Rick Grimes obliged himself to wash the toyota fortuner of Beth Greene. The efficient cause is
E. Rick Grimes
A. Beth Greene
B. To wash the toyota fortuner
C. The agreement between Rick Grimes and Beth Greene

8. Wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
A. Dolo
B. Deceit
C. Fault
D. None of the above.

9. Act or Omission punishable by law:

A. Felony.
B. Deceit.
C. Fault.
D. None of the above.

10. Unauthorized Management:

A. Negostiorum Gestio .
B. Solutio Indebiti.
C. Culpa Aquiliana.
D. Dolo Causante.

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C. Definition, Enumeration and Essay. Kindly answer the question provided. Write legibly. You may use
the back page for an answer sheet. POINTS ARE GIVEN BASED ON THE WAY YOU ANSWERED. (50
points)

Nota bene: Some of the enumerations does not consists of exact five answers. You are tasked to put
ALL what is being asked and if five or more you must answer less than five in able to get a full credit.

C.1 Five (5) points Define Law on Obligations And Contracts.

C.2 Five (5) points Classic examples of Positive law.
C.3Five (5) points what are the sources of obligations?
C.4 Five (5) points what are the Elements of Obligations?
C.5 Five (5) points sources of laws in the Philippines.
C.6 Five (5)points Define and Explain the Principle of Stare Decisis Et non Quita Movere.
C.7 Ten(10) points BRIEFLY EXPLAIN WHAT ARE THE STEPS OF AMENDING THE CONSTITUTION.
C.8 Ten (10) points what are the two principal kinds of Quasi-Contract?Explain.

Prepared By:
Atty. Rod Rafael M. De Leon